The employer brought an application alleging the union failed to comply with a settlement of an unfair labour practice complaint.
The union brought a preliminary motion to dismiss the application because the written Memorandum of Settlement was not signed by its representative.
The Board granted the union's motion and dismissed the employer's application, noting that section 96(7) of the Labour Relations Act requires a settlement to be signed by the parties to be enforceable under that section.
However, the Board adjourned the union's underlying unfair labour practice complaint to hear legal argument on whether an oral settlement had been reached, assuming the union's version of facts that the employer's counsel had added an inaccurate term to the written draft which was subsequently removed.
